Hamburg-American Line Terminal Navigation Company v. United States

by James Clark McReynolds

United States Supreme Court

277 U.S. 138

Hamburg-American Line Terminal Navigation Company  v.  United States

 Argued: and Submitted April 25, 1928. --- Decided: May 14, 1928

Under Trading with the Enemy Act, § 2(a), 50 USCA Appendix, § 2(a), Comp. St. § 3115 1/2 aa, property of domestic corporations, seized during war with Germany cannot be treated as owned by enemy, so as to preclude recovery of compensation from United States for use thereof, because their entire capital stock belonged to German corporation.

Congress, having power to direct forfeiture of all property beneficially owned by enemy subjects during war, could provide for seizure thereof, followed by such compensation as President might determine, as was done by Trading with the Enemy Act (50 USCA Appendix; Comp. St. § 3115 1/2 a et seq.).

In action for value of tug boats, launch, etc., taken by United States from enemy owned domestic corporations under Trading with the Enemy Act (50 USCA Appendix; Comp. St. § 3115 1/2 a et seq.), petition alleging that property was taken and used disclosed adequate ground for recovery to that extent, though not clearly showing what action was taken by United States.

United States is liable for value of barges belonging to enemy owned domestic corporations, if title thereto was actually taken under Trading with the Enemy Act (50 USCA Appendix; Comp. St. § 3115 1/2 a et seq.), and should pay for any use thereof before acquisition of title.

Messrs. Charles H. Le Fevre and Daniel Dunning, both of Washington, D. C., for appellants.

The Attorney General and Mr. W. D. Mitchell, Sol. Gen., of Washington, D. C., for the United States.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

Notes